Room D 118
P.O. Box 90153
NL-5000 LE Tilburg, The Netherlands
Phone +31 13 466 3062
Fax +31 13 466 2892
My research and teaching focus on legal and political philosophy, with a special emphasis on issues pertaining to political representation, sovereignty and (collective) identity, in particular in the context of the EU legal order. A sub-theme within this general line of research is the structuring of politico-legal space and time from the first-person plural perspective of a 'we'. In dealing with these issues I draw on both phenomenology and analytical philosophy.
Collective Action and Identity
- Fault Lines of Globalisation: Legal Order and the Politics of A-Legality (Oxford: Oxford University Press, forthcoming in 2013).
- "A-legality: Postnationalism and the Question of Legal Boundaries", in The Modern Law Review 73 (2010)1, pp. 30-56. Republished in R. Tinnevelt and H. De Schutter (eds.), Global Democracy and Exclusion (Oxford: Blackwell, 2010).
- "In Between: Immigration, Distributive Justice, and Political Dialogue", in Contemporary Political Theory 8 (2009) 4, 415-434.
- Hans Lindahl (ed.), A Right to Inclusion and Exclusion? Normative Faultlines of the EU's Area of Freedom, Security and Justice (Oxford: Hart Publishers, 2009)
- "Collective Self-Legislation as an Actus Impurus: A Response to Heidegger's Critique of European Nihilism", Continental Philosophy Review 41 (2008) 3, 323-343.
- "Border Crossings by Immigrants: Legality, Illegality and Alegality," in Res Publica 14 (2008) 2: 117-135.
- "Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood", in Martin Loughlin & Neil Walker (eds.), The Paradox of Constitutionalism (Oxford: Oxford University Press, 2007), 9-24.
- "Give and Take: Arendt and the Nomos of Political Community", in Philosophy and Social Criticism Vol. 32 (2006) 7, 881-901.
- "Dialectic and Revolution: Confronting Kelsen and Gadamer on Legal Interpretation", in Cardozo Law Review, 24 (2003) 2, pp. 769-798;
- "Authority and Representation", in Law and Philosophy. An International Journal for Jurisprudence and Legal Philosophy 19 (2000) 2, pp. 223-246.
Other Selected Publications
- "Recognition as Domination: Constitutionalism, Reciprocity and the Problem of Singularity", forthcoming in Neil Walker, Stephen Tierney and Jo Shaw (eds.), Europe's Constitutional Mosaic (Oxford: Hart Publishers, 2010).
- "Breaking Promises to Keep Them: Immigration and the Boundaries of Distributive Justice", in Hans Lindahl (ed.) A Right to Inclusion and Exclusion? (Oxford: Hart Publishers, 2009).
- "Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders," in Sacha Prechal and Bert van Roermund (eds.), The Coherence of EU Law: The Search for Unity in Divergent Concepts (Oxford: Oxford University Press, 2008), pp.291-313.
- "The Paradox of Constituent Power: The Ambiguous Self-Constitution of the European Union", in Ratio Juris. An International Journal of Jurisprudence and Philosophy of Law, 20 (2007) 4, 485-505;
- "Jus includendi et excludendi: Europe and the Borders of Freedom, Security and Justice" in King's College Law Journal, Vol. 16 (2005), 1, pp.234-247;
- "Finding a Place for Freedom, Security and Justice: The European Unity and its Claim to Territorial Unity", European Law Review 29 (2004), pp. 461-484;
- "Sovereignty and Representation in the European Union", in Neil Walker (ed.), Sovereignty in Transition (Oxford: Hart Publishing, 2003), pp. 87-114.
- "Acquiring a Community: The Acquis and the Institution of European Legal Order", in European Law Journal 9 (2003) 4, pp. 433-450;
- "Sovereignty and the Institutionalization of Normative Order" in Oxford Journal of Legal Studies 21 (2001) 1, pp. 165-180;
- "The Purposiveness of Law: Two Concepts of Representation in the European Union" in Law and Philosophy. An International Journal for Jurisprudence and Legal Philosophy 17 (1998) 5-6, pp. 481-507;
- "Democracy and the Symbolic Constitution of Society" in Ratio Juris. An International Journal of Jurisprudence and Philosophy of Law, 11 (1998) 1, pp. 12-37.
- "Sovereignty and Symbolization" in Rechtstheorie. Zeitschrift für Logik, Methodenlehre, Kybernetik und Soziologie des Rechts 28 (1997) 3, pp. 347-371.
- An invitation has been extended to me by the Stellenbosch Institute for Advanced Study to take up a Fellowship at the STIAS for a maximum period of 9 months, during 2010 or 2011.
- I will be delivering my inaugural lecture, "A-legality: The Question of Legal Boundaries" on January 30th, 2009. For more information click here
- I will be participating in a workshop on 'Constituent/Constituted: Dissensus and Collective Selfhood', organized by Birkbeck College, of the University of London, on Friday, February 27, 2009.
- Paper presentation in the Vidi-workshop 'Cosmopolitanism in a world of interconnected threats and challenges: From a world of states to a world state?', organized by Ronald Tinnevelt of the Radboud University Nijmegen, the Netherlands, on March 6, 2009.
- I have reached an agreement with Hart Publishers for the publication in 2009 of a volume of essays, under my editorship, titled A Right to Inclusion and Exclusion? Normative Fault Lines of the EU's Area of Freedom, Security and Justice.
- "Heteronomous Autonomy: Rethinking the Monism-Pluralism Debate", paper to be presented in "Europe's Constitutional Mosaic Series," a seminar series organized by Neil Walker, Stephan Tierney and Jo Shaw, School of Law, University of Edinburgh, April 3d, 2009.
- "Border Crossings by Immigrants: Legality, Illegality, Alegality", paper presented at the Fourth Pan-European Conference on EU Politics, University of Latvia, September 25-27, 2008.
- "The 'Right to Have Rights': Borders and Thresholds of Distributive Justice," keynote lecture at "Dead/Lines: Contemporary Issues in Legal and Political Theory", Doctoral Colloquium at the School of Law of Edinburgh University, May 29-30, 2008.
- "Law's 'Uncanniness': A Phenomenology of Legal Decisions", paper presented in "On normal and exceptional politics: an international conference with Bonnie Honig", April 18-19, 2008, Leusden, the Netherlands.
- 'Agonism: Legal Unity and Political Plurality': paper presentation in the workshop 'Law and Agonistic Politics', University of Exeter, September 17-19, 2007;
- 'In-Between: Immigration, Justice and a Phenomenology of the Political World': paper presentation in the Critical Legal Conference 2007, Birkbeck College, University of London, September 14-16, 2007;
- Organization of the seminar 'Normative Foundations of European Immigration Policy,' Tilburg University on May 10th and 11th.
- Law degree with a minor in economics at the Universidad Javeriana (Bogotá, Colombia), 1981;
- M. Phil. in Philosophy, Universidad Javeriana, 1988;
- Ph.D in Philosophy, Higher Institute of Philosophy of the Catholic University of Louvain (Leuven, Belgium), 1994.
- Lecturer in law at the Universidad de los Andes, Bogotá (1987-1988);
- Legal practitioner in Colombia (1982-1988);
- Post-doc researcher in philosophy at Tilburg University (1994);
- Assistant professor of philosophy at Tilburg University (1995-2001);
- Associate professor of philosophy at Tilburg University (2001-2007);
- Professor of philosophy at Tilburg University (2008 - ).
- Normative Foundations of European Immigration Policy:
- Binding Unity and Divergent Concepts in European Law;
- Reflexive Identity and Political Indexicality.
- Introduction to Law, Faculty of Law, Universidad de los Andes, Bogotá, Colombia (1986-1988)
- Legal Philosophy, Faculty of Law, Tilburg University:
a) Constitutional democracy: the Schmitt-Kelsen debate (1995-2001
b) On political representation: "Parliament represents the whole Dutch people (Art. 50 of the Constitution)" (2001- ..)
- "Derechos humanos en una perspectiva europea" (Human Rights in a European Perspective): a 4-week course on the European Convention of Human Rights for practitioners of the Legal Bar at Mar del Plata, Argentina, May 1996.
- Theory of European Law, Faculty of Law, Tilburg University
- Ethics for Lawyers, Faculty of Law, Tilburg University (1999- 2002).
- "A Crisis of Political Representation?", Masters Course, Faculty of Philosophy, Tilburg University (2005- ..)
- Winner of the Tilburg University Educational Innovation Prize 2005
- Member of the Advisory Board of The Windsor Yearbook of Access to Justice;
- Editor-in-Chief of Rechtsfilosofie en Rechtstheorie,theleading Dutch-Flemishjournal of legal philosophy;
- Member of the Board of Directors of the Netherlands School for Research in Practical Philosophy (NSRPP).
- Head of research of the Department of Philosophy at Tilburg University (2007 - 2010).